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88104471
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88104471
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Last modified
3/9/2007 5:41:36 PM
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3/9/2007 4:39:37 AM
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DEEDS
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88104471
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<br />88- <br /> <br />104471 <br /> <br />If Lender required mortgage insurancc as a condition of making the loan securcd by this Security Instrument, <br />Borrower shall pay the premiums required [Q maint~in the insurance in effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law_ <br />8. Inspection. Lcnder or its agent may make reasonablc cntries upon and inspections of the Prcpeny. Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential. in connection with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lendcr. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument. whether or not then duel with any excess paid to Borrower. In the event of a panial taking of the PropenYl <br />unlcss Borrower and Lender othcrwise agree in writing, the sums secured by this Security Instrumcnt shall be reduced by <br />thc amount of the proceeds multiplied by thc following fraction: (a) the total amount of thc sums secured immediately <br />beforc the taking, divided by (~) the fair market value of the Propeny immcdiately before the taking. Any balancc shall be <br />paid to Borrower. <br />If thc Property is abandoned hy Borrower. or if. afler notice by Lendcr to Borrowcr that thc condemnor offers tn <br />make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is <br />given, Lender is lluthorized to collect and apply the proceeds. at its option, either 10 restoration or repair of the Property or <br />to Ihe sums secured by this Security Instrument, whcther or not then due. <br />Unless Lcndcr and Borrower otherwise agrce in writing, any application of procccds 10 principal shall nol extend or <br />postpone the due dale of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Sccurity Instrument granted by Lendcr to any successor in <br />interest of Borrower shall not operate to rcleasc thc Iiahility of the original Borrower or Borrower's successors in interest. <br />Lcndcr shall not bc required to commence proccedings against any successor in intcrcst or refusc 10 cxtend time for <br />payment or otherwise modify amonizulion of the sums secured by this SecurilY Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. A ny forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or prcclude the cxcrcisc of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Uability; eo..slgners. Thc co'cnants and agreements of <br />this Security Instrument shall bind and benefitthc successors and assigns of Lcndcr and Borrower, subject to the pro\nious <br />of paragraph 17. Borrower's covenants and agreements shall be joint and scveral. Any Borrowcr who co-signs this Security <br />Instrumcnt but does nO! execute the Note: (a) is co-signing this Security Instrumcnt only 10 mongage. grant and convey <br />that Bnrrower's interest in thf Propeny under the lerms of this SL'Cunty Instrument: (bl is not persolllllly obligated to pay <br />thc sums sccured hy this Security Instrument: and (c) agrees thai Lcndcr and any other Borrnwcr may agree to cxtcnd, <br />modify. forhcar or makc any accommodations with regard to the tcnns of Ihis Security Inslrument or the Note without <br />that Borrowcr"s consenl. <br />12. Loan CharKf'. If the loan sccured by this Security Instrumcnt is subject to a law which sets maximum Jnan <br />chargcs, and that law is finally intcrpretcd so that the interest or other loan charges collecled or to be collected in <br />connL'Clion wilh lhe loan cxceed Ihe pennilled limits, then; (a) any such loan charge shall be reduced by the amount <br />necessary to reducc Ihe charge to the pennllled limit; and (b) any sums already collecled from Borrowcr wbich exceeded <br />penntllcd Iimtts will be refunded to Borrowcr. Lender may choose to make this rcfund by reducing the principal owed <br />under the Notc or by making a dirccl paymenllo Borrower. If a refund reduces principal. t hc reduction will be Irealed as a <br />paniul prcpuymcnl without any prepayment charge under the Note. <br />13. LeKI,laUon AlfeclinK Lender', Rights. If cnactment or cxpiration of apphClble laws has the effect of <br />rcndcnng any prO\'I!lolOn oflhc Note or this Security Instrument unenforceable according 10 its terms. Lender. at its option. <br />may require ImmL'II;alc paymcnt In full of all sums sccured by this Security Instrument and may inmke any remedies <br />permilled by paragraph lQ. If Lender cxerciscs this option. Lender shall take Ihe steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any nolice 10 Borrower provided for in Ihl~ Secunt)' Instrument shall be given by dehvering it or by <br />mailing it by first class mall unle>s apphcable law require> use of anolher mcthod. The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lcnder. An). notice to Lender shall be given by <br />first cIass mail to Lendcr"s address slat cd hercin or any othcr address Lender designates by 1I01lce to Borrowcr. Any nOllce <br />provided for in Ihis Security Instrument shall be deemed to ha\'e been gi\'cn to Borrower or Lender when given us pro1o'ided <br />in this paragraph. <br />15. Governing Law; Severability. This Sccurity InMrument sball he go'emed by f<-dcrallaw and the law of the <br />jurisdiction in which the Propen~' is located. In the event thai any prOVision or clause of Ihl!. St:curity Jnstrument or the <br />Note conflicts with applicable law, such caoflicl shall nOI affect other provis.ions of this Securil)o Instrumt::nt or the NOle: <br />which can be given effect without the conflicting provision. To this end the provision!. or this Security Instrument and the <br />Note are declared to be severable_ <br />16. Borrower's Copy. Borrower shall be gIven one confonned copy of the Note and ofth" Security Instrumcnt. <br />17. Transfer or the Property or a Beneficial Interest in Borrower. If all or any part of the Propeny or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower i~ nol a natural <br />person) without Lender's prior wriuen consent. Lender may, at its option. require immediate payment in full of all sums <br />secured by this Security Instrument. However, Ihls option shall not be c"ercised b)o' Lender If exerci!te IS prohibited by <br />fcdcrallaw as ofthc date of this Security Instrumcnt. <br />If lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailcd within which Borrower mU'1 pay all 'ums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior 10 the expiration oflhi!. period, Lender ma)' invoke an~' <br />remedies pennitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrov'cr o;;hall have the right to have <br />enforcement of this Security Instrument discontinued al any time prinr to the earlier or: (a) 5 day!. (or !.uch other period a~ <br />applicablc law may specify for reinstatement) before sale oftbe Propeny pursuant 10 any power of sale contained In thIS <br />Security Instrumenl; or (b) entry of a judgment enforcing Ihis SecUT11y In!.lrument. Those conditions arc Ihat Borrower: <br />(a) pays Lender all sums which thcn would bc due under Ihis Security [n'trumeol and Ihe Note had no accelerallno <br />occurred: (b) cures any L1daull .. f any other covenants or agreements: (c) pays all ex.penses incurred in enforcmg thiS <br />Security Instrument. including, but not limited Ill, reasonable altomcys' fee!.; and (d) Itlkl.~ 'ouch acllnn a~ Lender may <br />reasonably require to assure thai the lien of this Security Instrument, Lender's rights in the Property and r ,rrower's <br />obligation to pay the sums secured by tlm. Security [n...trument "hall continue unchanged t'ron rcmo.;W menr h~ <br />Borrower. Ihi~ SeL:urity [""trumenl and the (lhligallnn~ !.ccured herchy shall rcmaln full~ dTCl.-t!\ C OJS If no ace. ' tilm hild <br />occurred_ Hnwc\'cr, chi"" TIght to rcmstate shall nol :Ipply IJIlhe.' i.'a...e (If acu~lt'rallnrl unlit" ranlgrarh.. 11 (If 17 <br />
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